Police facial recognition system faces legal challenge – BBC News
‘A legal challenge against the use of automatic facial recognition technology by police has been launched by a civil liberties group.’
BBC News, 25th July 2018
Source: www.bbc.co.uk
Government accused of ‘undermining access to justice’ with closure of seven more courts in England – The Independent
‘The government is closing seven more courts in England to save money, despite warnings that the move will “undermine local access to justice”.’
The Independent, 24th July 2018
Source: www.independent.co.uk
London’s black-cab drivers consider suing Uber for £1bn – The Guardian
‘London’s black-cab drivers are considering legal action against Uber with potential plans to sue the US ride-hailing service for more than £1bn over their loss of earnings.’
The Guardian, 24th July 2018
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The New Towns Act 1981 (Local Authority Oversight) Regulations 2018
The Cross-border Railway Services (Working Time) (Amendment) (EU Exit) Order 2018
The Social Workers Regulations 2018
The Wales Act 2014 (Commencement No. 2) Order 2018
The Official Statistics Order 2018
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
JT v First-Tier Tribunal [2018] EWCA Civ 1735 (24 July 2018)
Hislop v Perde [2018] EWCA Civ 1726 (23 July 2018)
Shagang Shipping Company Ltd v HNA Group Company Ltd [2018] EWCA Civ 1732 (23 July 2018)
High Court (Administrative Court)
Simonis, R (On the Application Of) v Arts Council England [2018] EWHC 1822 (Admin) (23 July 2018)
High Court (Commercial Court)
General Dynamics United Kingdom Ltd v The State of Libya [2018] EWHC 1912 (Comm) (20 July 2018)
Source: www.bailii.org
Outlawing caste discrimination – the Government says “No” – Law & Religion UK
‘In 2013, s.9(5)(a) of the Equality Act 2010 was amended to impose a duty to introduce specific legal protection to make caste an aspect of race for the purposes of the Act: it currently reads. “[A Minister of the Crown] must by order amend this section so as to provide for caste to be an aspect of race”. The Government contended, however, that the subsequent Employment Appeal Tribunal judgment in Chandhok & Anor v Tirkey [2014] UKEAT 0190/14/1912 “established that many of the facts relevant in considering caste in many of its forms might be equally capable of being considered as part of a person’s ethnic origins, which is already part of the existing race provisions within the Act”.’
Law & Religion UK, 24th July 2018
Source: www.lawandreligionuk.com
Financial regulator mulls ‘duty of care’ and new damages regime – OUT-LAW.com
‘The FCA is seeking views on whether there is a need for a new customer “duty of care” or “fiduciary duty”, or whether the existing rules already provide sufficient protections for consumers. It is also seeking views on a new right for consumers to seek private damages against firms which have breached the new duty or the regulatory principles set out in the FCA Handbook, particularly the requirement to “treat customers fairly”.’
OUT-LAW.com, 23rd July 2018
Source: www.out-law.com
Vicarious liability: Banking on bright lines – UK Human Rights Blog
‘A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical examination, unaccompanied by anyone from the bank. The doctor completes the bank’s proforma examination form, headed with its logo and entitled “Barclays Confidential Medical Report”. The form is detailed. It includes sections on chest “Inspiration” and “Expiration”, “Abdomen (including Genito-Urinary System)”. It contains a section for “Female applicants only”, asking whether they have suffered from menstrual or pregnancy disorders. The doctor – Gordon Bates – subsequently dies. A large group of women sue the bank alleging that it is liable for sexual assaults carried out by the doctor during the examinations. The question for the Court of Appeal in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 was whether the bank could be vicariously liable.’
UK Human Rights Blog, 24th July 218
Source: ukhumanrightsblog.com
Land Registration Act shape up could build on fraud fighting efforts and make conveyancing better for everyone – Law Commission
‘Property fraudsters could be stopped in their tracks by technical fixes of the law, according to the Law Commission. The independent legal body say HM Land Registry has had to fork out close to £60million in indemnity payments because of fraud over the past decade. As a result, it’s recommending measures to help prevent fraud from taking place in registered land, alongside wider technical changes to the law which will make conveyancing “faster, easier and cheaper for everyone”.’
Law Commission, 24th July 2018
Source: www.lawcom.gov.uk/
Transparency report on disruptive and investigatory powers published – Home Office
The government has published the third iteration of its transparency report on the use of disruptive and investigatory powers.’
Home Office, 23rd July 2018
Source: www.gov.uk/home-office
Changes Proposed to Code for Crown Prosecutors to drive improvements in disclosure – Crown Prosecution Service
‘Making sure clearer, earlier information about mobile phone evidence is available before a suspect is charged with a crime is part of a raft of proposed changes announced by the Director of Public Prosecutions today. This will include mobile phone messages sent by suspects and accusers in cases where the parties are known to each other.’
Crown Prosecution Service, 23rd July 2018
Source: www.cps.gov.uk
CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette
‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’
Law Society's Gazette, 23rd July 2018
Source: www.lawgazette.co.uk
Bob Higgins trial: Ex-football coach guilty of sex assault charge – BBC News
‘A former Southampton football club youth coach has been found guilty of indecently assaulting a young trainee.’
BBC News, 23rd July 2018
Source: www.bbc.co.uk
Offshore owners of British property to be forced to reveal names – The Guardian
‘Offshore owners of British property will be forced to reveal their true identities or face jail sentences and unlimited fines under draft laws that aim to end the UK’s reputation as a high-risk jurisdiction for money laundering.’
The Guardian, 23rd July 2018
Source: www.theguardian.com
Canvey teenager jailed for crashing BMW into five men – BBC News
‘A teenager has been jailed for three years and three months after he “ploughed into” five men while driving his father’s BMW.’
BBC News, 23rd July 2018
Source: www.bbc.co.uk
UK may face legal challenge over US extradition of Isis pair – The Guardian
‘UK ministers could face a legal challenge to the decision to assist the US extradition of two former British Islamic State terrorists without demanding they do not face the death penalty, as Downing Street backed Sajid Javid’s decision to allow the move.’
The Guardian, 24th July 2018
Source: www.theguardian.com
Plenty of Fish rapist Lee Savage jailed – BBC News
‘A “sexual sadist” has been jailed for raping three women he met through the internet dating website Plenty of Fish.’
BBC News, 23rd July 2018
Source: www.bbc.com
Immigrants being restrained during deportation ‘with little justification’, says prisons watchdog – The Independent
‘Immigrants being deported from the UK are being strapped into restraint belts “with little justification”, according to a highly critical report on the use of chartered flights for forced removals.’
The Independent, 24th July 2018
Source: www.independent.co.uk
